HomeMy WebLinkAboutR-1993-07
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RESOLUTION NO. 93-07
A RESOLUTION ACCEPTING A GRANT OFFER FROM THE FEDERAL AVIATION
ADMINISTRATION FOR AIRPORT PROJECT NO. 3-48-0127-06-93; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
WHEREAS, the City of La Porte, Texas (termed SPONSOR herein), and
the Department of Transportation, Federal Av~ation Administration (FAA),
desire to enter into a certain Grant Agreement which provides Federal
participation in the construction of improvements to the La Porte
Municipal Airport; and
WHEREAS, in response to a request duly filed by SPONSOR, the FAA
has ~repared said Grant Agreement, a copy of which is attached, and has
subm~tted it to SPONSOR for acceptance and execution; and
WHEREAS, it is determined to be in the interest of SPONSOR and FAA
to accept said Grant Agreement;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA
PORTE:
section 1. That the City Council of the City of La Porte does
hereby accept the provisions' of said Grant Agreement for Project No.
3-48-0127-06-93.
section 2. That the Mayor of the City of La Porte is hereby
authorized and directed to execute said Grant Agreement for and on
behalf of the City of La Porte.
section 3. The city Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the pUblic at the City Hall of the
City of La Porte, Texas for the time required by law preceding this
meeting, as required by the Open Meetings Law, Article 6252-17,
Texas Revised civil Statutes Annotated; and that this meeting has
been open to the public as required by law at all times during which
this resolution and the subject matter thereof has been discussed,
considered and formally acted ~pon. The City Council further
ratifies, approves and confirms such written notice and the contents
and posting thereof.
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RESOLUTION NO. 93-07
PAGE 2
section 4. This Resolution shall be effective immediately upon
its passage and approval.
PASSED AND APPROVED this the 14th day of June, 1993.
By:
N
ATTEST: ....j?_
S".~ ~7J -
Sue Lenes, C~ y Secretary
AP~:J
Knox W. As ~ns,
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GRANT AGREEMENT
FOR DEVELOPMENT PROJECT
PART I-OFFER
Date of Offer: JUNE 9, 1993
Project No. 3-48-0127-06-93
Airport: LA PORTE MUNICIPAL AIRPORT
Contract No. 93 SW-8121
TO: CITY OF LA PORTE, TEXAS
(herein referred to as the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration, herein
referred to as the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application (also called an Application
for Federal Assistance) dated June 9,1993, for a grant of Federal funds for a project for development
of the LA PORTE MUNICIPAL AIRPORT (herein called the "Airport"), together with plans and
specifications for such project, which Application for Federal Assistance, as approved by the FAA is
hereby incorporated herein and made a part hereof; and
WHEREAS, the FAA has approved a project for development of the Airport (herein called the
"Project") consisting of the following-described airport development:
EXTEND AND OVERLAY RUNWAY 12/30 AND TAXIWAY "A"; INSTALL MIRL AND
MITL FOR EXTENSIONS; INSTALL ROTATING BEACON
all as more particularly described in the property map and plans and specifications incorporated in
the said Application for Federal Assistance.
FAA Form 5100-37 (10-89) Development or Noise Program
Page 1 of 6 Pages
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NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and
Airway Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity
Expansion Act of 1987, and the Airport and Airway Safety, Capacity, Noise Improvement, and
Intermodal Transportation Act of 1992, herein called the "Act," and/or the Aviation Safety and Noise
Abatement Act of 1979, and in consideration of (a) the Sponsor's adoption and ratification of the
representations and assurances contained in said Project Application and its acceptance of this Offer
as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the
accomplishment of the Project and compliance with the assurances and conditions as herein provided,
THE FEDERAL AVIATION ADMINISTRATION, FORAND ON BEHALF OF THE UNITED STATES,
HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable costs incurred
in accomplishing the Project, NINETY (90) percentum of all allowable project costs.
This Offer is made on and subject to the following terms and conditions:
Conditions
1. The maximum obligation of the United States payable under this offer shall be $1,546,359.
2. The allowable costs of the project shall not include any costs determined by the FAA to be
ineligible for consideration as to allowability under the Act.
3. Payment of the United States share of the allowable project costs will be made pursuant to and
in accordance with the provisions of such regulations and procedures as the Secretary shall
prescribe. Final determination of the United States share will be based upon the final audit of
the total amount of allowable project costs and settlement will be made for any upward or
downward adjustments to the Federal share of costs.
4. The sponsor shall carry out and complete the Project without undue delays and in accordance
with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and
agrees to comply with the assurances which were made part of the project application.
5. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance
by the sponsor.
6. This offer shall expire and the United States shall not be obligated to pay any part of the costs
of the project unless this offer has been accepted by the sponsor on or before July 9, 1993 or such
subsequent date as may be prescribed in writing by the FAA.
7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent
fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other
manner in any project upon which Federal funds have been expended. For the purposes of this
grant agreement, the term "Federal funds" means funds; however, used or disbursed by the
sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall
obtain the approval of the Secretary as to any determination of the amount of the Federal share
of such funds. It shall return the recovered Federal share, including funds recovered by
settlement, order or judgement, to the Secretary. It shall furnish to the Secretary, upon request,
FAA Form 5100-37 (10-89) Development or Noise Program
Page 2 of 6 Pages
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all documents and records pertaining to the determination of the amount of the Federal share
or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All
settlements or other final positions of the sponsor, in court or otherwise, involving the recovery
of such Federal share shall be approved in advance by the Secretary.
8. The United States shall not be responsible or liable for damage to property or injury to persons
which may arise from, or be incident to, compliance with this grant agreement.
9. Unless otherwise approved by the FAA, the sponsor will not acquire or permit any contractor or
subcontractor to acquire any steel or manufactured products produced outside the United States
to be used for any project for airport development or noise compatibility for which funds are
provided under this grant. The sponsor will include in every contract a provision implementing
this special condition.
Special Conditions
10. It is mutually understood and agreed that if, during the life of the project, the FAA determines
that the grant amount exceeds the expected needs of the sponsor by $5,000 or five (5%) percent,
whichever is greater, the grant amount can be unilaterally reduced by letter from the FAA
advising of the budget change. Conversely, if there is an overrun in the eligible project costs, the
FAA may increase the grant to cover the amount of overrun not to exceed the statutory
fifteen (15%) percent limitation OR 25 PERCENT OF THE TOTAL INCREASE IN
ALLOWABLE PROJECf COSTS A1TRIBUTABLE TO THE ACQUISmON OF LAND OR
INTERESTS IN LAND, wmCHEVER IS GREATER, and will advise the sponsor by letter of
the increase. Upon issuance of either of the aforementioned letters, the maximum obligation of
the United States is adjusted to the amount specified.
11. The property map referred to on Page 1 of this Grant Agreement is the Property Map,
Exhibit "A", dated September 11, 1985, attached to the Application for Federal Assistance
attached to the Grant Agreement for Project No. 3-48-0217-03.
12. The plans and specifications referred to on Page 1 of this Grant Agreement are the plans and
specifications approved by the FAA on May 11, 1993.
13. It is understood and agreed that the Sponsor will within three (3) years if the acceptance of the
Grant Agreement, remove or cause to be removed any growth, structure or other object within
the runway approaches at the end(s) of Runway 12/30 which would be a hazard to the landing,
taking-off or maneuvering of aircraft at the airport. The approach standards to be followed in
performing the covenants contained in this paragraph shall be those established by the
Administrator in Part 77 of the Federal Aviation Regulations unless otherwise authorized by the
Administrator.
FAA Form 5100-37 (10.89) Development or Noise Program
Page 3 of 6 Pages
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14. The Sponsor agrees to perform the following:
a. Furnish a construction management program to FAA prior to the start of construction which
shall detail the measures and procedures to be used to comply with the quality control
provisions of the construction contract, including, but not limited to, all quality control
provisions and tests required by the Federal specifications. The program shall include as
a minimum:
(1) The name of the person representing the sponsor who has overall responsibility for
contract administration for the project and the authority to take necessary actions to
comply with the contract.
(2) Names of testing laboratories and consulting engineer firms with quality control
responsibilities on the project, together with a description of the services to be
provided.
(3) Procedures for determining that testing laboratories meet the requirements of the
American Society of Testing and Material's standards on laboratory evaluation,
referenced in the contract specifications (0 3666, C 1077).
(4) Qualifications of engineering supervision and construction inspection personnel.
(5) A listing of all tests required by the contract specifications, including the type and
frequency of tests to be taken, the method of sampling, the applicable test standard,
and the acceptance criteria of tolerances permitted for each type of test.
(6) Procedures for ensuring that the tests are taken in accordance with the program, that
they are documented daily, that the proper corrective actions, where necessary, are
undertaken.
b. Submit at completion of the project, a final test and quality control report documenting the
results of all tests performed, highlighting those tests that failed or did not meet the
applicable test standard. The report shall include the pay reductions applied and reasons
for accepting any out-of-tolerance material. An interim test and quality control report shall
be submitted, if requested by the FAA
c. Failure to provide a complete report as described in paragraph 2, or failure to perform such
tests, shall, absent any compelling justification, result in a reduction in Federal participation
for costs incurred in connection with construction of the applicable pavement. Such
reduction shall be at the discretion of the FAA and will be based on the type or types of
required tests not performed or not documented and will be commensurate with the
proportion of applicable pavement with respect to the total pavement constructed under the
grant agreement.
d. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce
grant payments accordingly if such independent tests determine that sponsor test results are
inaccurate.
FM Fonn 5100-37 (10-89) Development or Noise Program
Page 4 of 6 Pages
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The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter
provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act,
constituting the contractual obligations and rights of the United States and the Sponsor with respect
to the accomplishment of the Project and compliance with the assurances and conditions as provided
herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
~~~
,llcr1 N6i
Manager. Texas Airport Development Office
Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties,
covenants, and agreements contained in the Project Application and incorporated materials referred
to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply
with all of the terms and conditions in this Offer and in the Project Application.
Executed this L5!ri:: day of ..:::r ("v-- ..
,19<t.3
CI1Y OF LA PORTE, TEXAS
(Name of Sponsor)
(SEAL)
By:~
, ponso S Igna ICla prcscntatlVC}
Title:
~~
Attest: ~I~ ~ ~
Title: C5 ~
FAA Fonn 5100-37 (10.89) Development or Noise Program
Page 5 of 6 Pages
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CERTIFICATE OF SPONSOR'S ATfORNEY
I, j,( JJOi tJ. f} SJo~ing as Attorney for the Sponsor do hereby certify:
That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under
the laws of the State of Texas. Further, I have examined the foregoing Grant Agreement and the
actions taken by said Sponsor relating thereto, and find that the acceptance thereof by said Sponsor and
Sponsor's official representative has been duly authorized and that the execution thereof is in all
respects due and proper and in accordance with the laws of the said State and the Act. In addition,
for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal
impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said
Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms
thereof.
;: fi,t) 11 ~41YOf
,1~
Dated at
FM Form Sl~37 (10-89) Development or Noise Program
Page 6 of 6 Pages
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AIRPORT IMPROVEMENT PROGRAM
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APPLICATION
FOR
LA PORTE MUNICIPAL AIRPORT
LA PORTE, TEXAS
Submitted To
The
FEDERAL AVIATION ADMINISTRATION
SOUTHWEST REGION
TEXAS AIRPORT DEVELOPMENT OFFICE
BY THE
CITY of LA PORTE, TEXAS
June 9, 1993
APPLICATION F R 2. DATE SUBMITTED Aoplicanl Identifier
FEDERAL ASSIS'r ANCE June 9, 1993
I_ YVPE OF SUBMISSION: 3. DATE RECEIVED BY STATE Stale Agplicalion Identifier
ADD/iealion PreBDD/ication
IX ConstrUClion o Construction
~. DATE RECEIVED BY FEDERAL AGENCY Federal ldenlifier 3-48-0127-06-93
o Non-<:Onstruction o Non-<:Onstructlon
s. APPLICANT INFORMAnON
l8Qal Name: Ci ty":-or La Porte Otoanizational Unilia Porte Municipal Airport
Address (give city. county. "ale. and lip ClJde): Name and lelllllllone numbet of Ihe ll8rson to be contacted on maners involvino
Inis applicallon (give _a code)
P.O. Box 1115 Steve Gillett, Director of Public Works
Harris County (713) 471-9650
La Porte, Texas 77572-1115
.. EMPLOYER IDENTlFlCAnON NUMBER IElNI: 7. YVPE OF APPUCAHT: lente, appropriate lene' in box) rc.J
cz:LJ - I 6 010111515121 A. State H, Independent SchoaI Dist.
B. County L Slale Controlled Institution of Hioher LearnirIQ
I. tvPI! Of APPLlCAnON: C, Municipal J. Private University
D. Township K. Indian Tribe
KJ New o Continualion o Revision e. Inlerstale L Individual
0 0 F. InlermunlCill8l M. Profit Oroanization
It Revision. enl81 appropriale Iener(sl in box(lU!I: G. SpeciaJ District N, Olher ISllllCifyl:
A. Increase Award B. Decrease Award C. Increase Duration
D. Decrease Duration Other (specify): s. NAME OF FEDERAL AGENCY:
Texas ADO, Southwest Region
Federal Aviation Administrat ,"0
,.. CATALOO OF FEDERAL OOMES'nC I 2 I 0 1.1 1 I 0 I 6 11. DESCRIPTIVE nn.E Of APPUCANT'S PIlO.IECT:
ASSISTANCE NUMBER:
11T1.E: Airport Improvement Program 1. Construct Runway and Taxiway Extension
and Overlay
12. AREAS AFFECTED IY PROJECT (cities. counties. states. ere.): :2. Construct Airport Lighting Improvement
La Porte, Bay town , Deer Park, Pasadena, 3. Construct Navigational Aids
Houston, Harris County
'1 PROPOSED PROJECT: 14. CONGRESSIONAL DISTRICTS OF:
Start Dale Endino Date I. Alllllicant ~ b. Project
6-93 12-93 Texas 25th Texas 25th
'5. ESnMATED FUNDING: '1. IS APPLlCAnON SUBJECT TO REVIEW BY STATE EXECunvE ORDER '2372 PROCESS?
a. Federal S .00 .. YES. T\o4IS PREAPPUCATlONlAPPUCAnON WAS MADE AVAILABLE TO T\o4E
1 546.359 STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON:
b. Applicant S .DO DATE October 20, 1992
171.818
c. State S .aD
b NO. 0 PROGRAM IS NOT COVERED BYe.O. 12372
d. Local S .00
0 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW
e. Otner . .00
f. PrOQram Income S .00 '7. IS THE APPLICANT DeLINQUENT ON AllY feDERAL DEBn
O. TOTAL S .ao .0 Yes ' It 'Yes. . anach an "lanation. I]J No
I, 718, 177
,1. TO THE lEST OF MY KNOWLEDGE AND BELIEI'. ALL DATA IN THIS APllUCAnoN,",EAPIlUCA110N ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY
AUTHORIZED BY THE GOVERNING 10DY OF THE APPt.lCANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED
a. Typed Name of Authonzed Represenlalive I b, Title t7r~~ i~~20
Robert T. Herrera City Manager
d. Sionatwe of Authorized ReoreSllntelive e. Dale SIoned
Golvi \. ~ lo\~\~~ '.-
l'revlOus CClllans NoI Usallle ::ilandarO ..arm 42~ Il'lcV 4-881
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OMI Approyal No. 0348-0043
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Prescr.lleCl Dv OUB ~"cu'ar A.102
Authorized for Local Reproduction
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DEPARTMENT OF TRANSPORTATION. FEDERAL AVIATION ADMINISTRATION
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0..8 NO '0-"0'"
P ART II
PROJECT APPROV AL INFORMATION
SECTION A
~__s._
Item 1.
o;;;this assistance request require State, local,
regional, or other priority rating?
Yes
No
Item 2.
~his assistance request require State, or local
advisory, educational or health clea~ances?
x
Name of Governing Body
Priority Rating
Name of Agency or
Board
x
Yes No (Attach Documentation)
Item 3.
o;;;this assistance request require c:Iearinghouse review (Attach Comments)
in accordance with OMB Circular A-9S?
Yes
Item 4.
Does thi s assistance request require State,
regional or other planning approval? X
local,
Yes
No
Item S.
I s the proposed project covered by an approved
comprehensive plan?
x
Yes
Item 6.
Wi'iithe assistance requested serve a Federal
installation? Yes X
x
No
Nome of Approving Agency Houston-G::I'vl"~t"nn 0\....." Counc:
Date 10-20-92
Check one: State
Local '-:X
Regional...
No Location of plan Airport Master Plan
La Port~ Mt1n;,.;p~' Ai.,..pn......
Name of Federal Installation
No Federal Population benefiting from Project
Item 7.
Wiiithe assi stance requested be on Federal land
or installation?
Yes X
Item 8.
Wiii""th"e assistance requested have an impact or effect
on the environment?
Yes X
No
Item 9.
Viii'ithe assistance requested cause the displacement of
individual s families, businesses, or farms?
Name of Federal Installatian
Location of Federa! Land
No Percent of Project
See instruction for additional information to be
provided.
X
Number of:
Individual s
Families
Businesses
Farms
Yes
No
Item 10.
Is there other related Federal assistance on this
project previous, pending, or anticipated?
Yes
Page 2
See instructions for additional information to be
,
provided. \
x
No
FM Fo"" 5100-100 16-731 suPERSEDES FAA FORM 510C).tO PAGES 1 THRU 7
" D~P~'~TMENT OF TRANSPORTATI09 EDERAL AVIATION ADMINISTRATION
.
OMS NO, O..R0209
PART 11. SECTION C (SECTION B OMITTED)
The SponlOr hereby repreeent6 and certifies IS follows:
1. Comp.tible Land Uee.-The Sponsor has taken the followirlfj .ctions to assure compatible usage of land .dj.cent to or in
the vicinity of th.-....j~rt:
Comprehensive Zoning
2. Oefaults.-The Sr:.n&Or is not in deflult on any obligation ler the United Sutes or .n~' 'genc)' o( the United Sutes GOVft'n-
ment relative to the deve opment, operation. or maintenance o( ~n). airport, except .5 suted here".ith:
NONE
3, Possible Oisabilities.- There arc no lacts or circumlltances (includi"f: the existence 01 cffecti\.e or propo!'cd leases. use
agreements or other legal instruments .f(ecting U!'C o( the Airport or the existence o( pending litig.tion or other le,.1 proceeding!')
which in rea!'On.ble probabilit), might make it impossible (or the Sponsor to calT)' out and complete the Project or carr). out the
provisions 01 P.rt V of this Application, either by limiting its legal or (inaneial.bilii)' or otherwise. except af lollows:
NONE
4. Land.-(.) The Sponsor holds the (ollo,,'ing propert). interest in the (ollowing .reaf of land- which .re to be developed
or used as part 01 or in connection with the Airport, subject to the (ollowing exceptions, encumbrances. and ad\'e~ intere!'ts.
&II of which areas .re identified on the ' '. propert)' map designated as Exhibit "A"
See Exhibit A (Airport Property 11ap)
.S'a'c charactcr of property intc~cJ' i!, cach orca and li,t and idcntifJ for each all C%rcptionJ, cncumbrant'cJ~ and,a~t'f!rse in'crt',tJ
of every kind and ~Gture. includt"l'.enJ, eASementJ, leASeJ, etc. Thr ,eparate area, of IIInd need ani). be tden.iftcd here b)' .he
lIIeD numberJ ,hoUln on tAe proper'y map.
FAA Form 5100-100 ,..161
Page 3a
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DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION
OMS NO. 04.R0209
PART II . SECTlO~ C (Continued)
~.:=.::
The Sponror furthtr certifie:: that the abon' i;. ba~td on a titlt namination by a qualifitd anonlty or litl.. compan\' and that
such attorney or title compan~ ha:: dttermined that the 5pon:'oor hold;. Ihe- abo\'e property intere..tlO. .
(b) Th,. 5pon.::or ...,iII al'quirl' within a re.a;.onal.ll' lime. bul in an~ en~nl prior to thl' lOtan o{ any con::truction work under
the Project. Ihe follo....in~ pro:rerlY intere..t in lhr {ullo" inF art'a.. of land" on whil'h i'-ul'h l'on.::truction "'ork i:: to be performed.
all oC ,,'hich area.:: ar,. idenlifie on th,. afOr,.menlioned prOptrly map dt;.ignated a!' Exhibit "A ": .
N/A
(l') Tht :oponi'Or will al'quire within a rea:<onahle- tim,.. and iC {u..iLh. prior to the completion o{ alll'onl'trul'tion ....on. undl'r
the Projl'ct. thl' following prupl'rty interl'i't in Ih,. {ollo"- in~ arra, oC land~ whidl are to bt de\'eloped or u..td a.. part of or in
connection with the .~irport ai'- it will It,. upon' (.ompletion of Ih,. Projf'rl. all of ,,'hieh area.:: art identified on the aforementioned
property map de~ir:nated al' ExhiLit ".~ u:
N/A
5. Exclusi\'e Ri~hl~.- There i.. no granl of an exclu::i\'r rij1:hl (or thl' eonuul't of an~ aeronautil'al acti\.it), at an~' airport own..r1
or controlled b). the :::ponl'Or excl'pt u Collo,,'..: ,
NONE
-State charGl'ter of proper'.\' interest in each Grea Gnd li.,t Gnd identify for tach all uC'l'ptions. encumbrances. Gnd Gdl.ersf' intf'rf'.cI,'
of et'er,. Icind Gnd nature. in('/udin~ liens, easements. leases. etc. The separate arf'G.' of IGnd "fled on/~. be identified hf'rf' by th,.
uea numbers shOIl.n on the propert}" tnlJp.
FAA Form 5100-100 1..761
Page 3b
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OMB Approved No. 0)48-0041
BUDGET INFORMATION - Construction Programs
fede,.'.sus..nce ptOfl'....s ,equi,e .ddi.ioMl eOlllpuc.rions '0 ."ille.t the fede,.lsII.,e 01 ptojee. casu eligible 101 fNfCicifNfion. H sucll is '"e e.se you will
be no.ilied.
COST CLASSlflCA liON b. Costs Not AlloWAble Co TOtAl AlloWAble COits
A. Tot.1 COlt 'or 'Ar1icifNtion /} (Column A.b)
1. Administratlv. .nd ....1..penMI $ 2,500.00 $ .00 $ '~ 2,500 .00
; "
l. Land, strudUles, rlghtl-of-W." .ppt aiMll, .tCo $ .00 $ .00 $ - .00
J. RelocAtion .....nl.l.nd pa,m.ntl $ .00 $ .00 $ .00
4. Archit.ctural.nd .ngl....rlng '.el $ 103,650.00 $ .00 $ 103,650 .00
.
5. Other .rchit.ctur.l.nd .ngl....rlng ...s $ 85,156.00 $ .00 $ 85, 156 .
6. Project Inlpection 'eel $ 58,536.00 $ .00 $ 58,536 .00
1. Sit. WOlll $ .00 $ .00 $ .00
,. Demolition .nd remov.1 $ .00 $ .00 $ .00
,. Construction $ 1,468,335 .00 $ .00 $ 1,468.335 .00
10. Equlpm.nt $ .00 $ .00 $ .00
11. MiKell.neaus $ .00 S .00 S .00
U. SUBTOTAL $ .00 $ .00 $ .00
1 71A 177 1 71A 177
I). Contingencies hum ollinel 1-11) $ .00 $ .00 S .00
14. SUBTOTAL $ .00 $ .00 $ 1,718,177 .00
IS. 'roject (prGgr....)lneom. $ .00 $ .00 $ .00
-0-
Ii. TOTAL 'ROIECT COSTS (Iubtr.ct ",5 from" 14) $ .00 $ .00 S .00
1,718,177
fEDERAL fUNDING
11. federalauinan" requested, eakulate as 'oIlows: Enter eligible eostl from line 16e Muhlpl, X ~O %
(Conlult federal Agenc:, fOf feder.1 percenta.. share).
Enter the resulting federal wr.. $ 1,546,359 .00
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NOTE:
4.88)
A-I02
Slandll'd Flllm 424C
P'lIlCllbud bV CUB Cucular
Authorized for Local Reproduction
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PAKI'V
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AIJU'OIa' SPONSORS
A CiDNBRAL
1. These assurances shall be complied with in the performance of grant agreements for airport development. airport planning.
and noise compatibility program grants to airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the
provisions of the Airport and Aizway Impl'O\lCment Act of 1982, as amenclcd by the Airport and Aizway Safety and Capacity
Expansion Act of 198', or the Aviation Safety and Noise Abatement Act of 1979. As used berein, the term public: agency
sponsor means a public: agency with control of a public:-use airport; the term private sponsor OMIer of a public:-use airport;
and the term sponsor inc:ludes public: sponsors and private sponsors.
3. Upon ac:c:cptanc:c of the grant offer by the sponsor, these assurances are inc:orporated in and bcc:ome part of the grant
agreement.
B. DURAnON AND APPUCABIUIY.
1. Airport Dcwdopmcat or NoiIc CoarpetibiIitJ Prop1uD ProjecIs UIlllatUaa by a Public AfpM:y SpoaIor. The tenns.
conditions and assurances of the grant agreement shall remain ill full fORlC and effect throupout the useful life of the
facilities developed or equipment acquired for an airport development or aoiIe compatibility propam project, or throughout
the useful life of the project itelDl installed within a facility under a aoiIe compatibility program project, but ill any event not
to exceed twenty (20) )'Urs from the date of ac:ccptanc:e of a grant offer of Pederal fundi for the project. However, there
shall be no limit on the duration of the assurance apinst exc:11IIM ripts or the terms, conditiooi, and assurances with
rcspcc:t to real property acquired with Pederal funds. Purthermore, the duration of the Civil Ripts assurance shall be as
specified in the assurance.
2. Airport Dc:w:klpmeal 01' NoiIc Compatibility Propam ProjecIs UDllertakaa by a Private SpoaIor. The prec:eding paragraph 1
also applies to a private sponsor except that the useful life of project itelDl installed within a facility or the useful life of
facilities developed or equipment acquired under an airport development or noise c:ompatibility program project shall be no
less than 10 )'UII from the date of the ac:c:cptance oC Pederal aid Cor the project.
3. Airport PIaIuIing UadmatcD by a SpoaIOI'. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6,
13, 18, 30. 32, 33. 34, and 36 in Section C apply to planning projec:ts. The terms, conditions, and assurances oC the grant
agreement shall remain in full force and effect during the liCe of the project.
e. SPONSOR l.:tiKlu'ICAnON. The sponsor hereby assures and certifies, with respec:t to this grant that:
1. GeaenI PcdcraJ Rcq1IireaIeqa II will c:omply with all applicable Pederal laws, regulations, eXealtive orders, policies,
guidelines and requirements as they relate to the application, ac:c:cptanc:e and use of Pederal funds Cor this project inc:luding
but not limited to the Collowing:
PcdcraJ Lep1a1iaa
a. Pederal Aviation Act of 1958 - 49 U.S.e. 1301, et~.
b. Davis-Dac:on Act .40 U.s.e. 276(a),.!!~.' -
c:. Pederal Pair Labor Standards Act of 1938 - 29 U.S.e. 201, et~.
d. Hatc:h Act .5 U.S.e. 1501..!!~'' -
e. Uniform Reloc:ation Assistance and Real Property Acquisition Policies Act of 1970 - 42 U.S.e. 4601,gg.' -.
C. National Historic: PreseMltion Act of 1966 - Sec:tion 106 - 16 U.s.e. 470(1).'
g. Arc:heological and Historic: PreseMltion Act of 1974 - 16 U.s.e. 469 throup 469C.'
h. flood Disaster Protection Act oC 1973 . Sec:tion 1000a) - 42 U.s.e. 4012&.'
i. Rehabilitation Act oC 1973 - 29 U.s.e. 794.
j. evil Ripts Act of 1964 - nile VI - 42 U.s.e. 2000d Ihroup cI-4.
It. Aviation Safety and Noise Abatement Act of 1979. 49 U.s.e. 2101..!!.!5.
1. AJe Discrimination Act of 1975 - 42 U.s.e. 6101,.!!.!5'
m. Architectural Darriers Act of 1968 - 42 U.s.e. 4151,.!!.!5.'
n. Airport and Aizway Impl'O\lCment Act of 1982, as amended. 49 U.s.e. 2201, et~.
o. Powcrplant and Industrial Puel Use Act of 1918 - Sec:tion 403 . 2 u.s.e. &3737
p. Contract Wort Hours and Safety StaDdards Act - 40 u.s.e. 327,.!!.!5.'
q. Copeland Antikic:tbac:t Act . 18 U.s.e. 874.'
r. National Environmental Policy Act of 1969.42 U.s.e. 4321..!!~.'
s. Endangered Species Act - 16 U.s.e. 668(a). et ~.'
t. Single Audit Act of 1984 - 31 U.s.e. 7501. et gg.
u. Drug-Pree Workplace Act of 1988 - 41 U.s.e. 702 throup 706.
Y. Aviation SaCety and Capacity Expansion Act of 1990.
P..xa:utM Orders.
Exealtive Order 12372 - Intergovernmental Review of Pederal Prognllll
Executive Order 11246 - Equal Employment Opportunity'
PcdcraJ Replatioaa.
a. 49 CPR Part 18 - Uniform Administrative Requirements for Ciraats and Cooperative Apements to State and Local
Governments.J
b. 49 CPR Pan 20 - Restric:tions or Lobbying.
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c. 49 CFR Part 21 - Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation
of ntle VI of the Civil Rights Act of 1964.
d. 49 CFR Part 23 - Participation by Minority Business Enterprise in Department of Transportation Programs.
e. 49 CPR Part 24 - Uniform Relocation Assistance and Real Property Acquisition Regulation for Federal and Pederally
assisted Programs.' .... ·
f. 49 CPR Part 27 - Non-Discrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from
Pederal Financial Assistance.'
g. 49 CPR Part 29 - Debarments Suspensions and Voluntary P.xrlusions.
h. 49 CFR Part 30 - Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny
Procurement Market Ac:ces& to u.s. Contractors.
i. 29 CPR Part 1 - Procedures for Predetermination of Wage Rates. I
j. 29 CPR Part 3 - Contractors or Subcontractors on p\!blic Buildinp or Public Works Financed in Wbole or Part by Loans
or Grants from U.s.'
k. 29 CPR Part 5 - Labor Standards Provisions Applicable to Contracts Covering federally Financed and Assisted
Construction. I
I. 41 CPR Part 60 - Office of Pederal Contract Compliance Programs, Equal Employment Opportunity, Department of
Labor (Federal and federally-assisted Contracting Requirements). I
m. 14 CPR Part 150 - Airport Noise Compatibility Planning.
r
OIDcc of MaDllpmcat aad Bud&d CrcuIaD COMB).
a. A~ - Cost Principles Applicable to Grants and Contracts with State and Local Governments."
b. A-I28 - Audits of State and Local Oovemments."
'lbese laws do not apply to airport planning sponsors.
"'These laws do not apply to private sponsors.
"49 CPR Part 18 and OMB Crcular A~ contain requirements for State and local governments receiving Pederal
assistance. Any requirement levied upon State and local governments by this regulation and circular ahall also be
applicable to private sponsors receiving federal assistance under the Airport and Airway Improvement Ad of 1982, as
amended.
Specific assurance& required to be included in grant agreements by any of the a~ laws, regulations or circulars are incorporated
by reference in the grant agreement.
2. ~aity and Autbori1y 01 tbc Spoa8or.
L Public ^tJ:I1I:1 Spoamr: It has legal authority to apply for the grant, and to fmance and carry out the propo&Cd project;
that a resolution, motion or limilar action b81 been duly adopted or pused 81 an official act of the applicant'l governing
body authorizing the filing of the application, including all underslandinp and assuranc:a contained therein, and directing
and authorizing the penon identified 81 the official representative dtbe applicant to act in connection with the
application and to provide such additional information 81 may be required.
b. Private Spoamr: It h81 legal authority to apply for tbe grant aad to finaoce and carry out the propo&Cd project and
comply with all terms, conditions, and assuranc:a of this grant agreemenL It IhaII designate an otrlCial representative
and Ihall in writing direct and authorize that penon to file this application, including all understandinp and assurance&
contained therein; to act in connection with the application; and to provide luch additional information 81 may be
required. '
1 Spclamr Puad AYaiIabitilJ. It h81 lufficient funds available for that portion of the project COlts whicb are not to be paid by
the United States. It h81 lufficient funds available to assure operation and maintenance of items funded under the grant
agreement which it will own or control.
4. Good nde.
a. It holds good title, utisfactory to the Secretary, to the landing area of the airport or site thereof, or Will give assurance
utisfactory to the Secretary that good title will be acquired.
b. Por noise compatibility program projec:ts to be carried out oa the property of the IpoDIOr, it holds good titJe I8tisfactory
to the Secretary to that portion of the property upoa wbidl Federal funds will be expended or will give 8I5urana: to the
Secretary that &ood title will be obtained.
s. 1\-.....iD& Rip" aad ro.as.
a. At will not take or permit any action which would operate to deprive it of any of the rights and powers DCCICII8J)' to
perform any or all of the tel1lll, conditions, and 8I5uranca in the grant agreement without the written approval of the
Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or daims of right of others which
would interfere with such performance by the sponsor. This lIIaU be done in a manner aa:eptable to the Secretary.
b. It will not sell, lease, encumber or otherwise transfer or dispolc of any part of its title or other interests in the property
Ihown on Exhibit A to this application or, for a DOiIC compabbility PJ'Oll'8lll project, that portion of the property upon
which Pederal funds ~ been expended, for the duratioa of the tenDl, conditiolll, and 8I5UI'8DCCI in the grant
agreement without approval by the Secretary. U the traDlCerec iI found by the Secrelal)' to be eli8lble under the Airport
and Airway Improvement Ad of 1982 to ..ume the obligatioal of the put agreement and to ~ the power, authority,
and financial l'CIIOUI'CCI to carry out a11luch obligatioal, the IpOMOt IIIaII in&ert in the contncl or document transferring
or dispoling of the sponsor's interest, and mate binding upon the transferee, all of the terms, conditiolll, and 8I5urance&
contained in this grant agreement.
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c. Por all noisc compatibility program projects whicb are to be c:arried out by another unit of kx:aI government or are on
property owned by a unit of loc:al government other tban tbe IpOIIIOr, it will enter into an agreement witb that
government. Exc:cpt 85 otherwise specified by tbe Scc:rctary, that agreement lball obligate that government to tbe same
tenns, conditions, and assuranc:cs that would be applicable to It If It applied dircc:tly to the PAA for a grant to undertake
the noisc compatibility program project. That agreement and chanp tbereto must be satlsfac:tory to the Scc:rctary. It
will take steps to enforc:c this agreement against the local gow:rnment If there Is substantial noncomplianc:c with the
terms of the agreement.
d. Por noisc compatibility program projects to be carried out on privately owned property, it will enter into an agreement
with the owner of that property whicb includes pl'OYisiOll5 specified by the Scc:rctary. It will take steps to enf'orc:c this
agreement against the property owner whenlM:r there is substantial noncomplianc:c witb the terms of tbe agreement.
e. Ir the sponsor is a private sponsor, it win take steps satwactory to the Scc:rctary to ensure that the airport will continue
to func:tion 85 a public-use airport in aa:ordanc:c with t~ assuranc:cs for tbe duration of these assuranc:cL
r. Ir an arrangement Is made for management and operation of the airport by any agency or penon other than the sponsor
or an employu of the sponsor, tbe IpOIIIOr will reseM: sufrlCient righll and authority to ensure that the airport will be
operated and maintained in ac:c:ordanc:c with tbe Airport and Airway Improucment k:t of 1982, tbe regulatiollll and the
tenns, conditions and assuranc:cs in the grant agreement and shall ellSure tbat sucb arrangement also requires complianc:c
therewith.
6. C~err with Local PIaIII. The project Is reasonably colISistent with plallS (emting at the time of submission of this
application) of public agendes that are authorized by the state in which the project isloc:ated to plan for the dlM:lopment of
the area surrounding the airport. For noise compatibility program projectl, other than land acquisition, to be carried out on
property not owned by the airport and O\ICr which property another public agency bas land use control or authority, the
sponsor shall obtain from each such agency a written declaration that such agency supportl that project and the project is
reasonably consistent with the agency's plallS regarding the property.
7. eoa.idcntioa of Local 1Iltcrat. It bas given fair consideration to the interest of communities in or near which the project
may be loc:ated.
8. Coasuhatioa with U_ In making a dcc:lsion to undertake any airport development project under the Airport and Airway
Impl'CM:ment Act of 1982, it has undertaken reasonable consultations with alTected parties using the airport at which the
project Is proposed.
9. Public: HcariDp. In projects involving the loc:ation of an airport, an airport runway, or a major runway extension, it has
afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of
the airport or runway loc:ation and ill consistency with the goalli and objectives 0( sucb planning as has been carried out by
the community and it shall, when requested by the Scc:rctary, submit a copy of the transc:ript of sucb bearings to the
Scc:rctary. Purther, for such projectl, it has on ill management board either 1IOling representation from the communities
where the project Is located or has advised the communities that they have the right to petition the Scc:rctary concerning a
proposed project.
10. AU ad Water Quality StaDdudI. In projects involvinJ airport IocatioG, a major runway cxtellllioa, or runway Ioc:ation it win
provide for the GO\ICmor 0( the state in whic:b the project illocated to certify in writiJlg to the Scc:rctary that the project will
be loc:ated, designed, COlllltructed, and operated 10 as to comply with applic:ablc air and water quality ItaDdardL III any cue
where sucb standardl; b_ not been approved and where applicable air and water quality standards ~ been promulgated
by the Administrator of the Environmental Protection Apnc:y, certifil:ation shall be obtained from such Administrator.
Notice of certification or refusal to certiFy shall be provided within sixty days after the project application has been rcc:civcd
by the Scc:rctary.
11. Local Approval. In projects involving the construc:tion or extension of any runway at any general aviation airport Ioc:ated
astride a line separating two counties within a single state, it haa; rcc:civcd appl'OVlll for the project from the governing body of
all villages incorporated under the laws of that state which are Ioc:ated entirely within r~ miles 0( the nearat boundary of
the airport.
1.2. TCI'IIIiuI Dcftlopmr:Dt Pn:nlquiIitca. Por projects whicb include tennlnal devclopmcnt at a public: airport, it has, on the date
of submittal of the project grant applic:atlon, all the safety equipment required for certifk:ation of INCb airport under
Section 612 of the Federal Aviation Ad of 19S8 and all tbe security equipment required by rule or regulation, and bas
provided for accca to the passenpr caplanilll and depIanina area ollUdl airport to passcagclS enplanlna or dcpIaning from
ain:raft other than air carrier airc:rafL
13. AccoaatiD& SJ*m, Audit, ad ~ ~..L0GIlC8"
a. It shall keep all project ac:c:ounll and I'C(Qrds whic:b fully dilcklle the 8IIlOIIIIt and diIpoIition by the recipient of the
proc:ccds of the grant. the total COlt of the project in CIOIUICCtion with wbic:h the pant is giwn or used, and the amount
and nature of that portion of the COlt of the project IUpplied by other aounlCS, and INCb otber rlD8DCial I'C(QrdI; pertinent
to the project. The ac:c:ounll and I'C(QrdI; shall be kept in accordance witb an accountingl)'ltem tbat will facilitate an
effcc:tM audit in ac:c:ordanc:c with the Single Audit k:t of 1984.
b. It shall make available to tbe Scc:rctary and the Comptroller Ocacral 01 the United States, or any 01 their duly
authorized reprcacntativcs, for the purpose of audit and cumination, any books, doc:ulDCnll, papers, and I'C(QrdI; of the
recipient that are pertinent to the granL The Scc:retary may require that aD appropriate audit be coaductcd by a
recipient. In any cue in which an independent audit iI made of the 8CICIOUDt:I of a apoaaor relatiq to the dilpolition of
the proc:ccds of a grant or relating to the project in COIUICCtioa with wbicb the grant was giwn or used, It shall ralc a
certified copy of such audit with the Comptroller General 01 the United States DOt later than 6 months following tbe
c:l0IC of the fiscal year for which the audit was made.
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14. MiDimum W. Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant
agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of
Labor, in accordance with the Davi&-Bacon Act, IS amended (40 U.s.C 276a-276a-S), which contractors shall pay to skilled
and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or
bids for the work.
tS. Vcta1IIII Prd'c:rmcc. It shall include, in all contracts for work on any projects funded under tbe grant agreement which
involve labor, sucb provisions IS are necessary to ensure that, in the employment of labor (eltCpc in uecutM, administrative,
and supervisory positions), preference shall be given to ~teraas of the VlCtDIm era and disabled ~teraas IS defined in
Section S15(c)(I) and (2) of tbe Airport and Airway Impl'OllCment Act of 1982. Hawver, this preferenc:c lbaIIapply only
where tbe individuals are lMlilable and qualified to perform the wort to wbic:b the employment relates. .
16. Conformity au ...... and ~tinno: It will execute the project subject to plans, speciflCltions, and scbedules approved by
the Secretary. Such plans, specifications, and scbedules shall be submitted to tbe Secretary prior to commencement of site
preparation, constNction, or other performance under this grant agreement, and, upon approval by the Secretary, shall be
incorporated into this grant agreement. Any modifications to the approved plans, specifications, and schedules shall also be
subject to approval by the Secretary and incorporation into the grant agreement.
17. Coastructioa 1I11:p [r:tioa and Approval. It will provide and maintain competent technical supervision at the constNction site
throughout the project to assure that the work conforms with the plans, specifications, and schedules appl'OllCd by the
Secretary for the project. II shall subject the constNction work on any project contained in an appl'OllCd project application
to inspection and approval by the Secretary and such work shall be in accordance witb regulations and procedures prescribed
by the Secretary. Such regulations and procedures shaD require sucb alIt and progress reporting by the sponsor or sponsors
of such project as the Secretary shaD deem necessary.
18. I'IamIiDc Projcds. In carrying out planning projects:
a. It will execute the project in accordance with the appl'OllCd program narrative contained in the project application or with
modifications similarly appl'OllCd.
i~
b. It will furnish the Secretary with such periodic repons IS required pertaining to the planning project and planning work
activilies.
c. II will include in all published material prepared in connection with the planning project a nOlice that the malcrial was
prepared under a grant provided by the United States.
d. It will make such material available for examination by the public, and agrees that no material prepared with funds under
this project shall be subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disc:IoIc, distribute, and otherwise \IiC any of the material
prepared in connection with this grant.
f. It will grant the Secretary the right to disappl'OllC the sponsor's employment of specifIC c:oasulllDts and their
subcontractors to do aU or any part of this project IS ~D IS the right to disappl'OllC the propolCd scope and CXlSl of
professional scrvices. ,
g. It will grant the Secretary the right to disappl'OllC the \IiC of the sponsor's employccs to do all or any part of the project.
h. II undcrslands and agrees that the Secretary's approval of this project grant or tbe Secretary's approval of any planning
material developed iii part of this granl docs not constitute or imply any assurance or commitment on the part of the
Secretary to approve any pending or future application for a Pederal airport grant.
19. 0paatiaD and MaiDtaIaDce.
a. It will suitably operate and maintain the airport and all facilities tbcreoa or COIUlcctcd therewith, witb due regard to
climatic and Oood conditioDL Any proposal to temporarily cIoIc the airport for DODICl'OIUIutical puIpOICI must rust be
appl'OllCd by the Secretary. The airport and aU facilitiCI wbic:b are lICCCIIllry to SCM the aeronautical \liCrs of the
airport, otbcr than facilities owned or controlled by the United States, IbaII be operated at aU times in a safc and
scrviceablc condition and in accordance with the minimum ItaDCIards II may be required or prescribccl by applicable
Pedcral, statc, and local agencies for maintenance and operatioD. It will DOl ca\IiC or permit any activity or action
thereon which would interfere with its \IiC for airport purposes.
In furtherance of this assurance, the sponsor wiD have in effect at aU times arrangements ror-
(1) Opcratingthe airport's aeronautical facilities whencycr required;
(2) Promptly marking and lighting hazards resulting from airport conditions, including tcmporary conditions; and
(3) Promptly notifying airmen of any condition af1'ectinl ael'OlUlutical \IiC of the airport.
Nothing contained hcrein shall be ClODStNed to require that the airport be operated ror aeronautical UK during
temporary periods when snow, Oood, or other climatic conditions interfcre with such operation aod maintenanc:c.
Purther, nothing herein shall be COnstNed IS requiring the maintenance, repair, restoration, or replacement of any
stNcture or facility whicb is substantially damaged or destl'Oi)U due to an ad of God or other coodition or ciralmsta.nce
beyond the control of the sponror.
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b. It will suitably operate and maintain noise compatibility program i1elDl that it owns or conlrols upon which Pederal funds
havc been expended.
20. HaanI RaDovaIlIDd Mitiptiaa It win take appropriate actioa to Ulure that SlICh terminal airspace 81 is ftCIuired to proted
instrument and visual operations to the airport (including establisbcd miDimum night altitudes) win be adequately cleared and
proteded by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airpon hazards and by
preventing the establishment or creation of future airpon hazards.
21. Compatible I..aDd UlIC. It will take appropriate action, including the adoption of zoning laws, to the extent reasonable, to
restrict the use of land adjacent to or in the immediate vicinity of the airpon to activities and purposes compatible with
normal airpon operations, including landing and takeofT of airc:raft. In addition, if the projed is for noise compatibility
program implementation, it will not cause or permit any cbange in land use, within its jurisdiction, that will reduce the
compatibility, with respect to the airpon, of the noise compatibility program measures upon which Pederal funds havc been
expended. .
22. Beoaomir NaadisaimiDatioa.
a. It will make its airport available 81 an airpon for public-use on fair and reasonable terms and without unjust
discrimination, to all types, kinds, and c1855C1 of aeronautical II5C5.
b. In any agreement, contract, lease or other arrangement under which I right or privilege It the lirport is granted to Iny
person, firm, or corporation to conduct or engage in Iny aeronautical activity for furnishing services to the public It the
airpon, the sponsor will insen Ind enforce provisions ftCIuiring the contractor to -
(I) furnish said services on a fair, equal, and not unjustly discriminatory b8lis to all users thereof, and
(2) charge fair, reasonable, and not unjustly discriminatory prices for each unit or service, provided, that the contractor
may be 11Iowed to make reasonable and nondiscriminatory disc:ounll, rebates, or other similar types of price
reductions to volume purchasers.
c,
Each fixed-based operator at any airpon owned by the sponsor shall be subjed to the same rates, fees, rentals, and other
charges 81 are uniformly applicable to III other flled-bascd opentors making the same or similar uses of such lirpon
and utilizing the same or similar facilities.
d.
Each air carrier using such airpon shall havc the right to service itself or to use any flled-bascd opentor that is
authorized or permitted by the airport to serve any air carrier It sllCh airport.
Each air carrier using such airpon (whether 81 a tenant, nontenant, or subtenant of another air carrier tenant) shall be
subject to such nondiscriminatory and substantially companble rules, regulations, conditions, rates, fees, rentals, and
other charges with respect to facilities directly and substantially related to providing air transportation 81 are applicable
to all such air carriers which make similar use of such airport and which utilizc similar facilities, subjed to reasonable
classifications such IS tenants or non tenants and signatory carriers and nonsignatory carriers. Cassification or status IS
tenant or signatory shall not be unreasonably withheld by any airpon provided an air carrier assumes obligations
substantially similar to thOle already imposed on air carriers in sllCh classifications or status.
It will not exen:isc or grant any right or privilege which operates to prevent any person, firm, or corporation operating
airc:raft on the airport from performing any services on its 0WIl airc:raft with its 0WIl emplO)Ul (including, but not limited
to maintenance, repair, and fueling) that it may choose to perform.
e.
f.
..
In the cycnt the sponsor il5clf exercises any of the ripts aDd privilcps referred 10 in this Ulurance, the services involved
will be provided on the same conditions 81 would IppIy to the fumisl1ing of such services by contractors or
conCC&5ionaircs of the sponsor under these provisions.
h. The sponsor may establish sllCh fair, equal, and DOC unjUltly discrimiDatoty conditions to be met by all users of the
airpon 81 may be necessary for the safe and effICient operation 01 the a1rpon.
i. The sponsor may prohibit or limit any given type, kind, or cIasI 01 aeroaautical use of the airport if sllCh action is
necessary for the safe opention of the airpon or necessary to serve the civil aviation needs of the public.
n I!II:I1IIiM Rip'" It will permit no exclusive right for the use of &be airport by any persons providing, or intending to
provide, aeronautical seMces to the public. Por purposes of this panagrapb, the providing of seMca at an aiJpon by a single
flled-based operator shall not be construed 81 In uc:lusive ript if both of &be following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than ODe rllCd-bascd operator to provide such
seMccs, ,and
b. If allowing more than one faxed-basecl operator to provide suc:b seMca would ftCIuire the reduction oflpaCC leased
pursuant to an existing agreement between SlICh single faxecl-bascd operator and slICh lirport.
It funher agrees that it will not, either dircc:tly or indirectly, grant or permit any person, firm or corporation &be exclusive
right It the airpon. or at any other airpon now owned or controllccl by it, to conduct any aeronautical activities, including,
but not limited to chaner flighll, pilot tnining, airc:raft rental and sigbl5ccing. aerial photography, crop dusting, aerial
advenising and surveying, air carrier opentions, ain:raft sales and aervic:a, ale of aviation petroleum productl whetber or
not conducted in conjunction with other leronautical activity, repair Ind maintenance of aircraft, sale 01 aircraft pans, and
any other activities which because of their direct relationship to the operation of airc:raft can be regarded 81 an aeronautical
activity, and that it will terminate any exclusive right to conduct an aerooautic:al activity now existing at slICh an airport before
the grant of Iny assistance under the Airpon and Airway Imp~ment Act of 1982.
Airpon Assurances (11-92)
Page 5 of 9
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14. Pee aDd Ralb11 StnICturc. It will maintain a fee and rental structure COIIiistent with Aiiuranca 22 and 23. for the facilities
and scrvica being provided the airport users which win make the airport u sclf-6Uitaining &Ii possible under the
circumstances existing at that particular airport, taking into account such factors &Ii the wlume or traffic and economy of
collection. No part of the Pederal ihare of an airport dc:vclopment, airport planning. or noise compatibility project for which
a grant is made under the Airport and Airway Impl'OllCment Ad of 1982, the Pederal Airport Ad or the Airport and Airway
Dcwlopment Act of 1970 shall be included in the rate base in cstabliibing fUi, rates, and charges for users of that airport.
25. AiJport RrM:auc. Jr the airport is under the control of a public apncy, all ~nues generated by the airport and any local
taxes on aviation fuel established arter December 30, 1987, will be expended by it for ,the capital or operating COits of the
airport; the local airport i)'Stem; or other local facilities which arc owned or operated by the owner or operator of the airport
and directly and substantially related to the actual air transportation of puscngers or property; or for noise mitigation
purposes on or off the airport. Provided, however, that if' ccwenants or usuranca in debt obligations issued before
September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in goycrning
stalutes controlling the owner or operator's financing, provide for the use of the ~nues from any of the airport owner or
operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general
debt obligations or other facilities, then this limitation on the use or all ~nues generated by the airport (and, in the case of
a public airport, local taxes on aviation fuel) shall not apply.
26. R.cport5 aDd ...,~i:,fi._ It will submit to the Secreta!)' such annual or special financial and operations reports u the
Secretary may reasonably request. A report of the airport budget win be available to the public at reasonable timcs and
places. For airport development projects, it will also make the airport and all airport records and documents affecting the
airport, including deeds, lcucs, operation and use agrcc:ments, regulations and other iDstruments, available for inspection by
any duly authorized agent of the SecretaJ)' upon reasonable request. Por noise compatibility propam projects, it will also
make records and documents relating to the project and coatinued compliance with the terms, conditiotlS, and usurances of
the grant agreement including deeds, lcucs, agrcc:ments, regulations, and other instruments, available for inspection by any
duly authorized agent of the Secretary upon reasonable request.
'E7. Use 01 GoverDlDCllt Ain:raft. It will make available all of the facilities of the airport dc:vcloped with Pederal financial
assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in
common with other aircraft at all times without charge, except, if' the use by Government aircraft is substantial, charge may
be made for a reasonable share, proportional to such use, for the COit of operating and maintaining the facilities used.
Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the Uiing agency, substantial use of
an airport by goycrnment aircraft will be considered to exist when operations of such aircraft are in excess of those which, in
the opinion of the Secretary, would unduly intetfere with use of the landing areas by other authorized aircraft, or during any
calendar month that-
Ii
a. Fave (5) or more goycmment aircraft are regularly based at the airport or on land adjacent thereto; or
b. The total number of movements-(counting each landing &Ii a movement) of goycmment aircraft is 300 or more, or the
grc&S ac:cumulative weight of goycmment aircraft Uiing the airport (the total movements of goycmment aircraft
multiplied by gross weights of such aircraft) is in eXCCSll of rave million pounds.
28. LaDd rex PcdcraI P.aJitics. It will fumish without COit to the Pederal Government for use in connection with any air traffic
control or air navigation activities, or weather-reporting and communication IClivitics related to air traffIC control, any areas
of land or water;or estate therein, or rights in buildings of the sponsor &Ii the Secretary considers nCCCilll!)' or desirable for
construction, operation, and maintenance at Pederal expense of space or flCilities for such purposcL Such areas or any
portion thereof will be made available u provided herein within four months after rcc:cipt or a written requcst from the
Secretary.
29. AiJport u,out Plan.
a. It will keep up to date at all times an airport layout plan of the airport IbowiD& (1) boundaries of the airport and all
propo&cd additions thereto, together with the boundarla 01 all offaite areas owned or controUcd by the IpODIiOr for
airport purposes and proposed additions thereto; (2) the Iocatioa and nature 01 all cxistm, and pJOPC*d airport fac:i1ities
and structures (such &Ii runways, taxiways. aprons., terminal buildings, hanprs, and roads). indudm, all propoICd
extensions and reductions of existing airport fac:i1itics; and (3) the Iocatioa 01 all existing and proposed DClGIIYiation areas
and of all existing impl'OllCments thereon. Such airport layout plan and each UDCndment, rcvisioa, or modif'lC8tion
thereof, shall be subject to the approval of the Secretary which approvallball be evidenced by the sipture of a duly
authorized representative of the Secretary on the face of the airport layout plan. The spoasor will DOt make or permit
any changes or alterations in the airport or in any of its fac:i1itics which arc DOl in conformity with the airport layout plan
&Ii appl'OllCd by the Secretary and which might, in the opinion of the Secretary, adversely affect the ..fety, utility, or
efficiency of the airport.
b. If a change or alteration in the airport or its facilitics is made which the Secretary determines adversely affects the safety,
utility, or efficiency of any Pederally owned, lcucd, or funded property oa or off the airport and wbicb is DOl in
confonnity with the airport layout plan u appl'OllCCl by the SecretaJ)', the owner or operator wi1I, if' rcqllCSlcd by the
Secretary (I) eliminate such adverse effect in a IDBDDCr appl'OllCCl by the Secretary, or (2) bear all CIOlSU 01 relocating such
propcrty (or replacement thereof) to a site acceptable to the Secreta!)' and all COits of restoring such property (or
replacement thereof) to the Ic:vcl of ..fety, utility, efficiency, and cost 01 operation existing before the unappl'OllCCl change
in the airport or its facilities.
Airpon Assurances (11-92)
Page 6 of 9
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~. CiYiI Ripls.. It will comply with such Nles as are promulpted to assure that no person shall, on the grounds of race, creed,
color, national origin, sex. age, or handicap be excluded from participating in any activity conducted with or benefiting from
funds received from .this grant. This assurance obliptes the sponsor for the period during which Pederal financial assistance
is extended to the program, except where Pederal financial assistance is to provide, or is in the form of personal property or
real property or interest therein or structures or imp~ments then:on, in which case tbe lISIlurance obliptes the sponsor or
any traDllferce for the longer of the following periods: (a) the period during which the property is used for a purpose for
which Pederal financial lISIlistance is extended, or for another purpose involvilll the provision of similar services or benefits or
(b) the period during whicb the sponsor retaiDll ownelShip or possasioo of tbe property.
31. DispaaI 01 LaDcL
a. Por land purcbased under a grant for airport noise compatibility purposes, it will, when tbe land is DO longer needed for
such purposes, dispose of such land at fair market value at the earliest practicable time. lbat portion of the proc:eeds of
such disposition which is proportionate to the United States share of tbe CXlIt acquisition of such land wiU, at tbe .
discretion of the Secretary, (1) be paid to the Secretary for deposit in the TNSt Pund or (2) be rein~ed in an
approved noise compatibility project as pn:scribcd by the Secretary.
b. (1) Por land purchased under a grant for airport development (other than noise compatibility) purposes, it will, when
the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the
Secretary an amount equal to the United States proportionate share of the fair market value of the land. That
portion of the proceeds of such disposition which is proportionate to the United States share of the cost of
acquisition of such land, will, (a) upon application to the Secretary, be reinvested in another eligible airport
imp~ment project or projects appl'CMd by the Secretary at that airport or within the national airport system, or
(b) be paid to the Secretary for deposit in the TNSt Pund if no such eligible project existL
(2) Land shall be coDllidered to be needed for airport purposes under this lISIlurance if (a) it may be needed for
aeronautical purposes (including Nnway protection zone) or sena as noise buffer land, and (b) the revenue from
interim USCI of such land contributes to the financial self~ufraciency of the airport. Purther, land purchased with a
grant received by an airport operator or owner before Dca:mber 31, 1987, will be coDllidercd to be needed for
airport purposes if the Secretary or the Pederal agency making such grant before Dca:mber I, 1987, was notified by
the operator or owner of the use of such land, did DOl object 10 such use, and the land CODtinues to be used for
that purpose, such use having commenced not later than December 15, 1989.
c. Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right therein
nc:cessary to eDllure that such land will only be used for purposes which are compatible with noise levels associated with
the operation of the airport.
32. ~ BDd Dcsip ScJYic:a. It will IIWllrd each contract, or subcontract for program management, constNction
management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, su~ying,
mapping, or related services with respect to the project in the same manner as a contract for architectural and engineering
services is negotiated under TItle IX of the Pederal Property and AdministratM Services Act of 1949 or an equivalent.
qualifications-based requirement prc&eribcd for or by the 8pOIISOr of the airport.
33. Poreip Mutct Ratridioa. It will not allow funds provided under this grant to be used to fund any project which USCI any
product or service of a foreign country during the period in which each foreign country is listed by the United States Trade
ReprcscntatM as denying fair and equitable market opportunities for products and suppliers of the United States in
procurement and construction.
34. Policies, StaacIank. BDd Spec:ific:atic. It will carry out the, project in accordance with policies, standards, and specifu:ations
approved by the SecretaI)' includin. but aOl limited to the IIdvisoI)' cin:ulan listed in the .CurRnt PAA AdviseI)' Circulars
for AlP Projecu.. dated NDvaDbcI' 7:1. 1992, and included in this grant, and in accordance with l!PPlicable state policies,
standards, and specifications approved by the Secretary.
35. R.eJoe.,.,... BDd Real Property &qaisitica (1) It will be guided in acquiriq real property, to the grcatCSl exlent practicable
under State law, by the land acquisition policies in Subpart B 01 49 CPR. Part 24 and will pay 01' reimburse property OWIIelS
for nCC'CSS8ry expenses as specified in Subpart B. (2) It will provide a relocatioa mistlnce program offering the services
described in Subpart C and fair and reasonable reloc:ation payments and assisIance to displac:ed pellOllS as required in
Subparts D and B of 49 CPR Part 24. (3) It will make available within a I'C8SOD8ble period or time prior to displacement
comparable replacement dwellinp to displaced persons in accordance with Subpart B of 49 CPR Part 24.
36. ~Pnlc WOJtpI8cc. It will provide a dNg-frce workplace at the site 01 wort specified in the grant applic:ation in
accordance with 49 CPR Part 29 by (1) publishing a statement notifying its employees that the unlawful manufacture,
distribution, di.speDlling, possession or use 01 a controlled subl&ttnce is prohibited in the spouor's workplace and specifying
the actioDll that will be taken apinst its employees fOl' vioIatioG olsucb probibitioa: (2) establishing a dN.-frce IIWllrencss
program to inform its employees about the dangers 01 dNg abuse in the workplace and any available dNg counseling,
rehabilitation, and employees assistance programs: (3) notifying the PAA within ten days after receiviDa notice 01 an
empl~e criminal dNg statute conviction for a violation ocx:urrina in the wortplace: and (4) makiq a aood faith effort to
maintain a dNg-free workplace.
Alrpon Assurances (11-92)
Page 7 of 9
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CURRENr PAA ADVISOR.Y aRClJLARS FOR. AlP PIlOIBCrS
~
.
P.tfectM Date: November 27, 1992
NUMBBR.
7O/7460-1G
150/5100.148
CHG 1
150/5200-30
CHG 1 &; 2
150/521~58
15O/521~78
150/521~14
150/521~15
1501522G-4A
15015220-10
CHG 1 &; 2
150/5220-11
15015220-12
15015220-13A
15015220-14A
150/5220-15
150/5220-16
150/5220-17
150/53CJO.13
150/5320-58
1501532O-6C
CHG 1 &; 2
1501532~12A
150/5320-14
1501532S-4A
CIIG 1
1501534~IF
15015J40..4C
CHG 1 &; 2
150/5340-58
CHG 1
15015340-148
CHG 1 &; 2
150/5340-178
15O/5340-18C
150/5340-19
15015340-21
150/5340-238
150/5340-24
CHG 1
15015340-27A
15015345-30
ISO/5345-5A
150/5345-70
CHG 1
15O/5345-10E
15O/5345-12C
15O/5345-13A
150/5345-268
CHG 1 &; 2
15O/5345-27C
150/5345-280
150/5345-398
CHG 1
l5O/5345-42C
150/5345-430
150/5345440
15O/5345-45A
1501534S-46A
15O/5345-47A
15O/5345-49A
150/5345-50
CHG 1
150/5345-51
CHG 1
150/5345-52
150/5360-9
150/5360-12
150/5360-13
15015370-2C
SUBJBCI'
Obstruction Marking and Ughting
Architectural, Enaincering, and Planning Consultant Services for Airport Grant projcc:ts
Airport Winter Safety and Operations
Painting, Marking and Lighting of Vchicles Used on an Airport
Aircraft Fire and Rescue Communications
Airport Fire and Rescue Personnel Protective Cothing
Airport Rescue and Firefighting Station 8uilding Design
Water Supply Systems for Aircraft Fire and Rescue Protection
Guide Specification for Water/Foam Type Aircraft Fire and Rescue Trucks
Airport Snowblowcr Specification Guide
Airport Snowswcepcr Speciru:ation Guide
Runway Surface Condition Se'nsor Spccif'1C8tion Guide
Airport Fire and Rescue Vebicle Spccif'u:abon Guide ..
8uildings for Storage and Maintenance 01 Airport Snow Removal and Ice Control Equlpmcnt: A GUide
Automated Weather Observing Systems for Non-Pederal Applications
Oesign Standards for Aircraft Rescue Fire-fighting Training Pacilities
Airport Design
Airport Orainage
Airport Pa~menl Design and Evaluation
Measurement, Construction, and Maintenance of Skid Resistant Airport Pa~ment Surfaces
Airpon Landscaping for Noise Control Purposes
Runway length Requirements for Airpon Design
Marking of Pa~d Areas on Airports
Installation Details for Runway Centerlinc Touchdown Zooc Lighting Systcms
Segmented Circle Airport Markcr System
Economy Approach Ughting Aids
Standby Powcr for Non-PM Airport Ughting Systems
Standards for Airport Sign Systems
Taxiway Centerline Lighting System
Airpon Miscellaneous Ughting Visual Aids
Supplemental Wind Cones
Runway and Taxiway Edge Lighting System
Air-To-Ground Radio Control of Airport Ughting Systems
Specification for L-821 Panels for Remote Control 01 Airport Ughting
Circuit Selector SwitCh
Specification for L-824 Undcrpound FJectrical Cable for Airport Lighting Circuits
Spccif'u:ation for Coutant Cunent RegulalOlS Regulator Moaitorl
Specification for Airport and Heliport Bcacoa
Specir1C8tion for L-841 Allliliary Relay Cabinet Assembly for Pilot Control 01 Airport Ughting Circuits
Specifications for La23 Plug and Rcccpl8dc, Cable CoaDcctonI
Speciru:ation for W'md Cones Aiscmblics
Precision Approach Path Indicator (PAPI) Systems
PM Specification U153, Runway and Taxiway Centerline Retrollective MartelS
Specification for Airport Light Bucs, Transformer Housinp, JUDCtion Boxes and Accessories
Specification for Obstruction Ughting Equipment
Specification for Taxiway and Runway Sians
Ughc-ight Approach Ught Structure
Specification for Runway and Tuiway Light P'axtura
Iiolation TransformelS for Airport 1J&bliD& Systems
Specification J,.8S4. Radio Control Equipment
Specification for Portable Runway IJ&bts
Specification for Discharp-Type Flasher Equipment
Gcncric Visual G1ideslopc Indicators (GVGI)
Planning and Design of Airport Terminal Pacilities at Non-Hub Locations
Airport Signing and Graphics .
Planning and Design Guidance for Airport Tcrminal Facilities at Non-Hub Locattons
Operational Safety on Airports During Construction
Pagc 8 of 9
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Alrpon Assuranccs (11-92)
. .
. .
/
NlJMBBK
150/5370-68
15O/5370-1OA
150/5370-11
CHG 1
150/5370-12
15O/53~2
lSO/53~3
.
e
CU1UtBNT PAA ADVISORY CRaJLARS FOR AlP PROJBCI'S
(CoaIiDDCd)
SUBJECr
Construction progrea and 1n&pcction Report.Airport Grant Program
Standards for Specifying Construction 01 Airportl
Use of Nondestructive Testing DeviccI in the Bvaluation 01 Airport PlIftments
. Quality Control of Construction for Airport Grant Projc:c:ts
Heliport Desip
Vertipon Ocsip
Airpon Assurances (11-92)
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